Battle over famed architect Bing Thom's former company heading to court
Credit to Author: Keith Fraser| Date: Fri, 04 Oct 2019 00:19:29 +0000
Two lawsuits involving a battle over the future of deceased architect Bing Thom’s former company have been filed in B.C. Supreme Court this year.
In the latest lawsuit that was filed this month, Revery Architecture Inc., formerly known as Bing Thom Architects, is taking the famed architect’s widow to court.
The company claims that after Thom’s death in October 2016 Bonnie Patricia Koo Thom engaged in acts and omissions that she knew or ought to have known were likely to cause harm to the financial and business interests of the company. Those acts included allegedly “placing undue pressure” on the company to change the name and identity it had enjoyed for decades, stripping the company of the goodwill and reputation associated with Bing Thom’s name, and causing the company to pay nearly $265,000 for the widow’s personal expenses incurred since the death.
The notice of civil claim also alleges that the widow wrongfully withheld the transfer of assets to a beneficiary of Bing Thom’s estate in breach of her duty as executor with the intention to cause harm to the company.
Bing Thom Architects was responsible for many well-known projects in Canada, the U.S. and Asia, including the Chan Centre for the Performing Arts at the University of B.C., the Arena Stage in Washington, D.C., the Xiqu Centre in Hong Kong and the University of Chicago Centre in Hong Kong.
The lawsuit claims that before his death Bing Thom took steps to leave the ownership and control of the company to his successors, Venelin Kokalov and Shinobu Homma.
“Bing Thom did not intend to leave ownership or control of the company to his wife Bonnie,” says the lawsuit. “Bing Thom made other arrangements to provide for Bonnie upon her death.”
The suit says that after Thom’s death the parties discovered that he had not taken all the steps necessary to arrange for a transition of the company, including the disposition of the voting and non-voting shares.
A memorandum of understanding was signed in December 2016, but “for reasons unknown” Bonnie Thom’s position and attitude toward the transition soon changed and communication between the parties began to deteriorate and ultimately came to a halt, says the suit.
The plaintiffs are seeking restitutionary damages as well as general and special damages. No response has been filed to the suit, which contains allegations that have not been tested in court. Bonnie Thom could not be reached for comment.
In March, the widow filed her own lawsuit seeking a number of orders, including a declaration that the affairs of Revery Architecture have been and are being conducted in a manner that is oppressive or unfairly prejudicial to her, including conduct by Homma.
Her petition also asks for a declaration that the affairs of a charity that was set up by the couple are being conducted in a manner that is oppressive or unfairly prejudicial to her. She says that she has received no payment from the company for the redemption of her participating shares.
In a response filed to Thom’s petition, Revery Architecture opposes the granting of any of the court orders being sought by her.